Oregon Statutes - Chapter 125 - Protective Proceedings

  • 125.005   Definitions.
    As used in this chapter: (1) ďConservatorĒ means a person appointed as a conservator under the provisions of this chapter. (2) ďFiduciaryĒ means a guardian...
  • 125.010   Protective proceedings.
    (1) Any person who is interested in the affairs or welfare of a respondent may file a petition for the appointment of a fiduciary or...
  • 125.015   Jurisdiction of protective proceedings; proceedings in other states.
    (1) The probate courts and commissioners provided for in ORS chapter 111 have exclusive jurisdiction of protective proceedings. (2) If an Oregon court exercising probate...
  • 125.020   Venue for protective proceedings.
    (1) Except as provided in this section, a protective proceeding must be commenced in the county where the respondent resides or is present. (2) If...
  • 125.025   Authority of the court in protective proceedings.
    (1) A court having jurisdiction over a protective proceeding shall exercise continuing authority over the proceeding. Subject to the provisions of this chapter, the court...
  • 125.030   Use of limited judgment in protective proceedings.
    (1) The appointment of a fiduciary in a protective proceeding shall be made by limited judgment. (2) The court in a protective proceeding may enter...
  • 125.050   Application of ORCP and Oregon Evidence Code.
    Except as otherwise provided by this chapter, the Oregon Rules of Civil Procedure and the Oregon Evidence Code apply in protective proceedings. [1995 c.664 §6]
  • 125.055   Petitions in protective proceedings.
    (1) A petition in a protective proceeding that seeks the appointment of a fiduciary must designate the type of fiduciary that the petitioner seeks to...
  • 125.060   Who must be given notice.
    (1) The notices required by this section must be given to all persons whose identities and addresses can be ascertained in the exercise of reasonable...
  • 125.065   Manner of giving notice.
    (1) Notice of the filing of a petition must be personally served on any respondent who has attained 14 years of age. Notice of a...
  • 125.070   Contents of notice.
    (1) The notice required by ORS 125.060 must contain the following: (a) The name, address and telephone number of the petitioner or the person making...
  • 125.075   Presentation of objections.
    (1) Any person who is interested in the affairs or welfare of a respondent or protected person may present objections to a petition or to...
  • 125.080   Hearing.
    (1) The court may require that a hearing be held on any petition or motion in a protective proceeding. (2) A hearing must be held...
  • 125.085   Motions after appointment of a fiduciary.
    (1) The court may remove a fiduciary on the motion of any person who is entitled to file an objection to a petition under the...
  • 125.090   Termination of proceedings.
    (1) A protected person is entitled to the same rights and procedures provided in the original proceedings when a motion to terminate the protective proceeding...
  • 125.095   Compensation and expenses payable in protective proceedings.
    (1) Funds of the protected person may be used to pay reasonable compensation to any visitor, attorney, physician, fiduciary or temporary fiduciary for services rendered...
  • 125.150   Appointment of visitors.
    (1) The court shall appoint a visitor upon the filing of a petition in a protective proceeding that seeks the appointment of a guardian for...
  • 125.155   Visitorís report.
    (1) A visitor shall file a report in writing with the court within 15 days after the visitor is appointed. The court may grant additional...
  • 125.160   Subsequent appointment of visitor.
    At any time after the appointment of a fiduciary, the court may appoint a visitor. The court may require the visitor to perform any duty...
  • 125.165   Qualifications and standards for visitors.
    (1) A presiding judge shall by court order establish: (a) Qualifications for persons serving as visitors for the court, in addition to those qualifications established...
  • 125.170   Payment and reimbursement for visitor services.
    (1) Not more than once each calendar year, the court may charge a respondent or protected person for any visitor services provided during the year....
  • 125.200   Preferences in appointing fiduciary.
    The court shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent,...
  • 125.205   Persons not qualified to act as fiduciary.
    A person is not qualified to serve as a fiduciary if the person is incapacitated, financially incapable, a minor or is acting as a health...
  • 125.210   Notice to court of criminal conviction, revocation or cancellation of occupational license or bankruptcy proceedings.
    (1) A person nominated as a fiduciary who has been convicted of a crime, has filed for or received protection under the bankruptcy laws or...
  • 125.215   Acceptance of appointment as fiduciary; notice of proceedings to fiduciary.
    (1) If the person filing a petition in a protective proceeding is also nominated in the petition as fiduciary for the respondent, the signature of...
  • 125.220   [1995 c.664 §23; repealed by 1999 c.774 §1 (125.221 enacted in lieu of 125.220)]
  • 125.221   Conflicts of interest.
    (1) A fiduciary may employ a person in which the fiduciary has a pecuniary or financial interest only after disclosing the nature of the interest...
  • 125.225   Removal of fiduciary.
    (1) A court shall remove a fiduciary whenever that removal is in the best interests of the protected person. (2) In addition to any other...
  • 125.230   Termination of fiduciaryís authority; discharge of fiduciary.
    (1) Except as provided in subsection (3) of this section, a fiduciaryís authority terminates upon the death, resignation or removal of the fiduciary or upon...
  • 125.235   Liability of fiduciary.
    A fiduciary is not personally liable to third persons for acts of the protected person solely by reason of being appointed fiduciary. [1995 c.664 §26]
  • 125.240   Professional fiduciaries.
    (1) If a petition seeks the appointment of a professional fiduciary as described in subsection (5) of this section, the petition must contain the following...
  • 125.242   Exemptions for financial institutions and trust companies.
    ORS 125.221 and 125.240 do not apply to a financial institution, as defined in ORS 706.008, or trust company, as defined in ORS 706.008. [1999...
  • 125.300   In general.
    (1) A guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A...
  • 125.305   Order of appointment.
    (1) After determining that conditions for the appointment of a guardian have been established, the court may appoint a guardian as requested if the court...
  • 125.310   Letters of guardianship.
    The court shall issue letters of guardianship to the guardian after the filing of any acceptance of the appointment and bond that may be required....
  • 125.315   General powers and duties of guardian.
    (1) A guardian has the following powers and duties: (a) Except to the extent of any limitation under the order of appointment, the guardian has...
  • 125.320   Limitations on guardian.
    (1) A guardian may not authorize the sterilization of the protected person. (2) A guardian may not use funds from the protected personís estate for...
  • 125.325   Guardianís report.
    Within 30 days after each anniversary of appointment, a guardian for an adult protected person shall file with the court a written report. The report...
  • 125.330   Limitations on guardian appointed for person committed to custody of Department of Corrections.
    (1) Except as provided in subsection (2) of this section, a guardian appointed for a person committed to the legal and physical custody of the...
  • 125.400   Order of appointment.
    Upon the filing of a petition seeking the appointment of a conservator, the court may appoint a conservator and make other appropriate protective orders if...
  • 125.405   Letters of conservatorship.
    The court shall issue letters of conservatorship to the conservator after the filing of any acceptance of the appointment and bond that may be required....
  • 125.410   Conservatorís bond.
    (1) Except as provided in subsection (2) of this section, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of...
  • 125.415   Termination of bond by surety.
    (1) A surety may cancel the obligation of the surety upon notice in writing to the conservator and the court. The notice shall specify an...
  • 125.420   Power of conservator over property of protected person.
    A conservator shall take possession of all the property of substantial value of the protected person, and of rents, income, issues and profits from those...
  • 125.425   Powers of conservator to pay expenses of protected person and dependents.
    (1) A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or...
  • 125.430   Sale of protected personís residence.
    (1) A protected personís principal residence may be sold by a conservator only with the prior approval of the court. A motion seeking prior approval...
  • 125.435   Power of conservator to make gifts.
    If the estate has adequate funds to provide for the purposes specified in ORS 125.425, a conservator may make gifts on behalf of the protected...
  • 125.440   Acts conservator may perform only with court approval.
    A conservator may perform the following acts only with prior court approval: (1) Convey or release contingent or expectant interests of the protected person in...
  • 125.445   Acts authorized to be performed without prior court approval.
    A conservator may perform the following acts without prior court authorization or confirmation if the conservator is acting reasonably to accomplish the purposes for which...
  • 125.450   Voidable transactions.
    Any sale or encumbrance to a conservator, the spouse, agent or attorney of the conservator, or any corporation or trust in which the conservator has...
  • 125.455   Power of competent protected person over estate.
    (1) A protected person, if mentally competent, may make wills, change beneficiaries of life insurance and annuity policies and exercise any power of appointment or...
  • 125.460   Consideration of estate plan of protected person.
    In investing the estate, selecting assets of the estate for distribution and utilizing powers of revocation or withdrawal available for the support of the protected...
  • 125.465   Discovery of property; examination by conservator.
    (1) The court may order any person to appear and give testimony by deposition if it appears probable that the person: (a) Has concealed, secreted...
  • 125.470   Filing of inventory required; supplemental inventory.
    (1) Within 90 days after the date of appointment, unless a longer time is granted by the court, a conservator must file in the protective...
  • 125.475   Conservatorís accounting to court; contents.
    (1) Unless the court by order provides otherwise, a conservator shall account to the court for the administration of the protected estate within 60 days...
  • 125.480   Approval of accounting.
    Subject to appeal or vacation within the time allowed by law, an order, made upon notice and hearing, allowing an intermediate accounting of a conservator,...
  • 125.485   Liability of conservator.
    (1) A conservator is not personally liable on a contract entered into in the fiduciary capacity of the conservator in the course of administering the...
  • 125.490   Status of persons dealing with conservator.
    (1) A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring...
  • 125.495   Payment of claims against estate or protected person.
    (1) A conservator shall pay from the estate claims against the estate and against the protected person arising before or after the conservatorship upon their...
  • 125.500   Enforcement of claim against estate or protected person.
    (1) An action upon a claim may not be brought until the claim is disallowed or until 60 days have elapsed from the date of...
  • 125.505   Notice of claim to conservator.
    If a proceeding is pending against a protected person at the time of appointment of a conservator or is commenced against the protected person after...
  • 125.510   Procedure where claim disallowed.
    (1) If the conservator disallows a claim in whole or in part, or if the conservator does not allow or disallow a claim within 60...
  • 125.515   Effect of presentation of claim on statute of limitations.
    (1) The following periods of time shall not be part of the time limited for the commencement of an action under any statute of limitation:...
  • 125.520   Order of payment of expenses and claims.
    If it is likely that the estate of the protected person will be exhausted before all claims against the estate are paid, the conservator shall...
  • 125.525   Termination of conservatorship.
    An order terminating a conservatorship shall direct the conservator to deliver the assets in the possession of the conservator to the protected person: (1) Immediately,...
  • 125.530   Powers and duties of conservator on death of protected person.
    If a protected person dies and the conservator has possession of a will of the protected person, the conservator shall either deliver the will to...
  • 125.535   Disposition of small estate.
    If at any time the estate of a protected person consists of personal property having a value not exceeding by more than $10,000 the aggregate...
  • 125.540   Payment of debt and delivery of property to foreign conservator.
    (1) A person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action...
  • 125.600   In general.
    (1) A temporary fiduciary who will exercise the powers of a guardian may be appointed by the court if the court makes a specific finding...
  • 125.605   Procedure for appointment of temporary fiduciary.
    (1) In addition to the requirements of ORS 125.055, a petition for the appointment of a temporary fiduciary must contain allegations of the conditions required...
  • 125.610   Report of temporary fiduciary.
    (1) A temporary fiduciary shall file a report with the court setting out all activities of the temporary fiduciary under the authority of the appointment....
  • 125.650   Other protective orders.
    (1) The court may enter protective orders without the appointment of a fiduciary or in addition to appointment of a fiduciary. A petition for a...
  • 125.700   Office of public guardian and conservator; expenses; termination.
    The county court or board of county commissioners of any county: (1) After making a determination that there exists a need within the county for...
  • 125.705   Effect of vacancy in office of public guardian and conservator.
    The person appointed to the office of public guardian and conservator shall serve in the office at the pleasure of the appointing authority. If the...
  • 125.710   Powers and duties of public guardian and conservator.
    (1) The public guardian and conservator may serve as the guardian or conservator, or both, of any person of whom the court having probate jurisdiction...
  • 125.715   Bond; exoneration of surety.
    (1) Before entering into office as public guardian and conservator, the person appointed to the office shall file an official bond in such amount as...
  • 125.720   Deposit of funds.
    All funds coming into the custody of the public guardian and conservator shall be deposited in the county treasury and disbursed by proper warrant, or...
  • 125.725   Reimbursement of public guardian and conservatorís expenses from estate of ward or protected person.
    The public guardian and conservator shall have a claim against the wardís or protected personís estate for reasonable expenses incurred in the execution of the...
  • 125.730   Fees prohibited.
    No fee shall be charged or received by any court having probate jurisdiction for the filing of any petition asking for the appointment of the...
  • Last modified: August 7, 2008